Accredited Criminal Lawyers Melbourne
Committal Hearing Lawyers in Victoria
Expert criminal defence lawyers you can trust. If you're facing a serious charge that requires a committal hearing, the decisions made now will shape your entire defence strategy. We prepare thoroughly, challenge weaknesses in the prosecution case, and fight to protect your rights at every stage.
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Understanding the Court Streams
If you've been charged, your case will fall into one of two court streams:
Summary Stream
•Matters that usually begin and end in the Magistrates' Court
•Include driving offences, drug possession, assault, property damage, burglary, dishonesty offences, breach offences (including intervention order breaches)
•Determined by a Magistrate (not a judge and jury)
•Include driving offences, drug possession, assault, property damage, burglary, dishonesty offences, breach offences (including intervention order breaches)
•Determined by a Magistrate (not a judge and jury)
Committal Stream
•More serious allegations that may proceed to the County or Supreme Court for trial
•These matters start in the Magistrates' Court as committal proceedings
•Move into the higher courts for final hearing
•These matters start in the Magistrates' Court as committal proceedings
•Move into the higher courts for final hearing
How The Committal Stream Works
The steps below outline the key stages for a matter proceeding through the committal stream.
The Filing Hearing
This is the first administrative stage of your case. The court sets a strict timeline to ensure progress, so early legal advice is vital.
If an accused person is in custody, the filing hearing must occur within 7 days of charges being laid. If on bail, it must happen within 28 days
If an accused person is in custody, the filing hearing must occur within 7 days of charges being laid. If on bail, it must happen within 28 days
Commencing 1 January 2026, committal hearings are no longer held in cases where:
A person is charged with a sexual offence
A family violence offence, or
A charge of stalking under section 21A(1) of the Crimes Act 1958
Where a person is charged with certain offences required to be committed to the Supreme Court (murder, manslaughter, conspiracies and certain other offences)
The Committal Mention
This is the first court appearance where the evidence is reviewed, but no witnesses are present. Your lawyer will file a document called a Form 32, outlining whether you intend to plead guilty or not guilty.
If pleading not guilty, your lawyer may apply to cross-examine witnesses at a contested committal hearing. This application must be specific: which witnesses, and why their cross-examination is necessary. This is a critical strategic decision and can significantly influence the strength of the case moving forward.
If pleading guilty, the matter may be resolved here or be transferred to a higher court, depending on the charge.
At the filing hearing, the Court will set a timetable for the next stage of the committal stream process:
Committal Mention Date: Set at this stage, this will be the first hearing date of your case
Committal Mention Date: Set at this stage, this will be the first hearing date of your case
What Happens at the Committal Hearing?
At the contested committal hearing, your lawyer can formally cross-examine witnesses and test the strength of the police evidence. This hearing isn’t just a formality; it’s often where key weaknesses in the prosecution’s case are revealed.
At the conclusion, the magistrate will decide whether there is sufficient evidence for a jury to reasonably convict. If so, you’ll be formally committed for trial, and the case will proceed to the County or Supreme Court.
At the conclusion, the magistrate will decide whether there is sufficient evidence for a jury to reasonably convict. If so, you’ll be formally committed for trial, and the case will proceed to the County or Supreme Court.
Don’t be misled by any perceived delay between mention and hearing; your lawyers are working to build a strong case within a relatively short timeframe.
Preparation for the Committal Hearing
Subpoena records or request further disclosure
Consult expert witnesses
Prepare a plan for resolution (or defence preparation, if you're contesting)
Explore whether the matter can resolve before a contested hearing
A committal hearing can be a powerful opportunity to challenge the evidence and shape the direction of your defence. But it must be handled with expertise, precision, and early preparation. At Emma Turnbull Lawyers, our award-winning defence team are known for strong advocacy, clear advice, and unwavering client care.
Why Clients Choose Emma Turnbull Lawyers for Committal Stream Charges
We provide strategic clarity at a time when the stakes are high.
At Emma Turnbull Lawyers, every partner is an Accredited Criminal Law Specialist, a qualification held by only a small number of lawyers in Victoria.
This means your matter is not delegated or handled by generalist practitioners. You receive experienced, specialist advice from lawyers who focus exclusively on criminal law and intervention order matters.
We provide strategic guidance, strong advocacy, and representation tailored to the seriousness and complexity of your case. Early action gives you the best chance to resolve the matter well or defend it properly.
Specialist
Every lawyer on our team focuses exclusively on criminal law and intervention orders - no general practice distractions. We appear in the Magistrates' Court every day.
Accredited
Our partners hold specialist accreditation recognised by the Law Institute of Victoria - a qualification held by only a small number of lawyers.
Strategic
No generic advice, just strategic preparation backed by strong negotiation and advocacy.
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